BOLI complaint, filed after woman’s service dogs were barred from store, will go before judge

A yearlong dispute between a Springfield woman and a convenience store owner that the woman says barred her service dogs from entering the store is headed to a labor judge.

Springfield resident Michel Hilt-Hayden filed a complaint with the state Bureau of ­Labor and Industries against Kara Johnson, owner of the Duck Stop Market on Franklin Boulevard. Hilt-Hayden alleges that Johnson discriminated against her in April 2013 by not ­allowing Hilt-Hayden’s two dogs, which she said are service dogs, to come into the store with her and her husband.

State and federal laws have granted people with disabilities the right to bring service dogs into public places, such as stores, restaurants, ­hospitals and government buildings. Hilt-Hayden’s case hinges on the question: What qualifies a dog to be a service animal?

Hilt-Hayden declined to comment on her complaint on Thursday, writing in an email, “I am a person with disabilities whose rights to public ­access rights were denied.”

She has said on several blog posts that she’s legally blind, and suffers from post-traumatic stress disorder.

Service animal laws

The federal Americans with Disabilities Act forbids privately owned businesses that serve the public from banning service animals in their establishments. Those include restaurants, retail stores, hotels, theaters, concert halls, taxis and other spaces.

Only dogs are defined as service animals under the ADA.

Dogs have to be trained to perform specific tasks for disabled people under the ADA, but they don’t necessarily have to be licensed as service animals. Nor do they have to be “specifically identified with certication papers, a harness, special collar, or any other form of identification.”

Animals that perform tasks such as providing companionship or emotional support do not qualify as service animals.

Federal law says service dogs must be “individually trained to do work or perform tasks for people with disabilities,” such as guiding blind people and calming people with PTSD who suffer from anxiety attacks.

Johnson referred questions to her attorney when reached for comment Thursday. The attorney, Jill Fetherstonhaugh, said in an email that the store owner had reason to believe the dogs weren’t performing the ­duties of service animals.

“Duck Stop Market denied access to two dogs brought into the store by Michel Hilt-Hayden because the two dogs were not ‘service animals’ as defined by state and federal law,” Fetherstonhaugh wrote. “At no time did Duck Stop Market deny ­Michel Hilt-Hayden access to the store.” She declined to go into details about the case, citing a hearing before a labor judge scheduled for Tuesday.

An investigation into the case by the Bureau of Labor and Industries found “substantial evidence of unlawful discrimination” by Johnson against Hayden, BOLI spokesman Charlie Burr said Thursday.

In general, if a blind person seeks to enter a store with a service dog, it’s rare that such a dog would be barred, according to Bill Perry, vice present for government affairs with the state Lodging and Restaurant ­Association.

Far more often, the association hears complaints from store owners when customers try to bring small animals such as Chihuahuas in the store, claiming they keep the pet around as an “emotional attachment,” Perry said

“That’s not covered under the law, and tends to disrupt other customers,” Perry said.

Hilt-Hayden is a board member for Springfield-based Sunstone Service Dogs, which partners disabled people with the ­service animals.

According to the complaint she filed, ­Hilt-Hayden and her ­husband brought her two service dogs into the Duck Stop Market in mid-April 2013. She alleges in the complaint that Johnson told the couple they would have to leave because the dogs weren’t allowed inside.

Hilt-Hayden said she referred Johnson to a poster in the Duck Stop window stating that service dogs are allowed, but alleges Johnson said she would lock the door to block them from coming back in if they tried to re-enter.

Hilt-Hayden alleges in the complaint that she returned the next day with her daughter to provide documents about service dogs’ access rights, but Johnson yelled at them and tried to swing the door shut, pinning Hayden’s ­daughter between the wall and door.

BOLI’S Burr said the state’s preference is for two sides in a labor dispute to work out a ­resolution between themselves.

But with no resolution in this case, a labor judge will hear their ­arguments starting Tuesday in Eugene.

“It’s a somewhat unique case,” Burr said, because Hilt-Hayden has written extensively about service dog issues.

A ruling against Johnson could result in civil penalties, he said, but there’s no timetable for a ruling to come down, and any decision could be appealed.

BOLI’S Burr said the state’s preference is for two sides in a labor dispute to work out a ­resolution between themselves.

But with no resolution in this case, a labor judge will hear their ­arguments starting Tuesday in Eugene.

“It’s a somewhat unique case,” Burr said, because Hilt-Hayden has written extensively about service dog issues.

A ruling against Johnson could result in civil penalties, he said, but there’s no timetable for a ruling to come down, and any decision could be appealed.